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WITHDRAWN - Introduction of Ordinance Authorizing the Interim City Manager, or Designee, to Execute a Consent to Assignment and Assumption of Lease in Favor of Daniel Patrick Nichols With Respect to the Lease of Real Property Between Agnes McKinley, Successor Trustee of Mihailo Crnjanski, and the City of Alameda for the Tidelands Parcel Adjacent to the Uplands Parcel at 1620 Fernside Boulevard, Alameda, CA. (Community Development 21661825) [Not heard on September 6, 2022 and will not be heard on September 20, 2022]
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Staff is requesting that City Council approve an ordinance authorizing the Interim City Manager, or designee, to execute a Consent to Assignment and Assumption of Lease (Assignment) in favor of Daniel Patrick Nichols (Assignee) with respect to the Lease of Real Property dated March 1, 1984 (Lease), between Agnes McKinley, Successor Trustee of Mihailo Crnjanski (Assignor), and the City of Alameda (City) for the Tidelands parcel (Tidelands Parcel) adjacent to the uplands parcel at 1620 Fernside Blvd, Alameda (Upland Parcel). The Assignment is attached as Exhibit 1 and the Lease is attached as Exhibit 2. A map with the location of the parcels is attached as Exhibit 3.
BACKGROUND
The City acquired the Tidelands Parcel, as well as others, from the State of California to be held in trust for the people of California pursuant to Chapter 348 of the Statues of 1913, as amended by Section 1 of Chapter 594 of the Statues of 1917. Historically in Alameda, tidelands parcels abutting privately-owned upland residential parcels have been leased exclusively to the upland property owners for the construction, maintenance and operation of docks, ramps, associated structures, retaining walls, and landscaping, so long as such uses are in accordance with, and not in conflict with, applicable zoning. Under the Lease, transfer of the Tidelands Parcel is authorized in the event of the sale of the Upland Parcel.
DISCUSSION
Assignor intends to sell the Upland Parcel to Assignee. Transfer to Assignee of the Tidelands Parcel is therefore appropriate, authorized under the Lease and requires City Council approval of an ordinance authorizing the Interim City Manager, or designee, to execute the Assignment. The current term of the Lease extends through February 28, 2034.
ALTERNATIVES
• Approve the ordinance authorizing the Interim City Manager, or designee, to execute an Assignment in favor of Daniel Patrick Nichols for the Lease applicable to the Tidelands Parcel located adjacent to 1620 Fernside Blvd, Alameda, the Upland Parcel.
• Do not approve an ordinance authorizing execution of the Assignment applicable to the Tidelands Parcel; this will result in the Tidelands Parcel being leased by one party while the adjacent Upland Parcel, through which the Tidelands Parcel is accessed, to be owned by another party.
FINANCIAL IMPACT
The revenue generated by from the Lease will be deposited into the Tidelands Fund (216) lease revenue account and are limited to uses permitted under the Trust by California State Lands.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301(c) (Existing Facilities).
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Introduce an ordinance authorizing the Interim City Manager, or designee, to execute a Consent to Assignment and Assumption of Lease in favor of Daniel Patrick Nichols with respect to the Lease of Real Property between Agnes McKinley, Successor Trustee of Mihailo Crnjanski, and the City of Alameda for the Tidelands Parcel adjacent to the Uplands Parcel at 1620 Fernside Boulevard, Alameda, CA
Respectfully submitted,
Lisa Maxwell, Community Development Director
By,
Lorie Curtis, Management Analyst
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Assignment and Assumption of Lease
2. Lease of Real Property
3. Map
cc: Nancy Bronstein, Interim City Manager